Chart FX for Java Server License Agreement
By installing the Chart FX for Java software (hereinafter "the Software" or
"Software"), you are accepting the following License Agreement.
LICENSE AGREEMENT
This is a legal agreement between you (either an individual or an entity) and
Software FX, Inc. By installing the software you are agreeing to be bound by the
terms of this agreement. If you do not agree to the terms of this agreement,
promptly return the uninstalled software to the place you purchased it for a
full refund.
1. GRANT OF LICENSE.
Software FX, Inc. grants to you as an individual or entity
a non-exclusive license to make and use copies of the Software in the manner
provided below. The rights granted under this Agreement are only effective upon
payment of license fees and possession of the appropriate License Agreement (if
applicable). The software is licensed, not sold. Without limiting the generality
of the foregoing, you do not receive any rights to any patents, copyrights,
trade secrets, trademarks or other intellectual property rights to the software
or related documentation. All rights not expressly granted to you under this
License are reserved by Software FX, Inc.
2. COPYRIGHT.
The Software is owned by
Software FX, Inc. and is protected by United States copyright laws and
international treaty provisions. Therefore, you must treat the Software like any
other copyrighted material (e.g. a book or a musical recording) except that you
may either
-
(a) make one copy of the Software solely for backup or archival
purposes;
-
(b) transfer the Software to a single hard disk provided you keep the
original solely for backup or archival purposes or
- (c) you may store or install
a copy of the Software on a storage device, such as a network server, used only
to install or run the Software on other computers over an internal network;
however, you must acquire and dedicate a License for each separate computer on
which the Software is installed or run from the storage device. A License for
the Software may not be shared or used concurrently on different computers. You
may not make multiples copies of Software or the written materials accompanying
the Software. The Software or any of its components may not be shared or used
concurrently on different computers.
3. INSTALLATION.
The software contains
portions known as "Production Server", "Test/Development Server", "Designer" and
"Client" components.
- (a) Use of Production Server. This license agreement grants
you one (1) license of the software portions known as "Production Server". The
"Production Server" components are licensed on a per server basis. The
"Production Server Components" may only be used on one and the same server.
Additional license fees are also due if the "Production Server" are used for
hosting or service bureau purposes (e.g. an Internet Service Provider (ISP) may
not use the "Production Server" when hosting pages for its customers using
different domain names). An Additional Production Server license is required for
each additional computer on which you will be installing and running any of the
"Production Server" components.
- (b) Use of Test/Development Server Components.
This license agreement grants you one (1) license of the software portions known
as “Test/Development Server†components. The "Test/Development Server
Components" may only be used on one and the same server. You may use the
"Test/Development Server" software for the sole purpose of designing, developing
and testing your product(s). An Additional Test/Development Server license is
required for each additional computer on which you will be installing and
running any of the "Test/Development Server" components.
- (c) Use of Designer
Components. You may use the Designer components on any computer or workstation
in your organization and for development purposes only. You may not redistribute
the Designer components in more than one site or location that are physically
separated, even if such locations are members of the same institutional system
or regional consortium. In some cases and solely at Software FX's discretion,
use of the Designer components may be granted to developers that are physically
separated, but are administratively part of the same institution. Such cases
will be determined individually. Granting such access in any one instance in no
way obligates Software FX to grant access in any other instance.
- (d) Use of
Client Components. You may use or redistribute the Client components on any
computer or workstation on a royalty free basis provided that (a) you distribute
only the portions of the Software designated as Client components, (b) you use
and distribute the Client components only when used in connection with properly
licensed “Production Server†or "Test/Development Server" components, (c) You do
not expose, document or make public the Client Component API (Application
Programming Interface), (d) your end users are not allowed to use the Software
for development purposes or further redistribution and deployment, (e) you do
not wrap or distribute the Software in a component that can be used for
development purposes on any application, tool, environment or container; (f) you
do not reverse engineer copy, duplicate or distribute the license schema that is
needed to use the Software in a design, development or runtime environment, (g)
your software product may not, in the reasonable opinion of Software FX, compete
with a Software FX, Inc. product, (h) You do not disassemble, decompile or
reverse engineer the Software or any portions of it; (i) You do not use the
Software FX, Inc. or Chart FX name, logo or trademark to market your software
product; (j) You agree to indemnify, hold harmless, and defend Software FX, Inc.
and its suppliers from and against any and all claims or lawsuits including
attorney's fees that arise or result from the use or distribution of your
software product You are also encouraged to contact Software FX, Inc. before
deployment for more information on your specific redistribution rights. If any
of the conditions set forth in paragraphs above are breached, such breach shall
constitute an unlawful use of the Software, and you shall be prosecuted to the
full extent of the law. Furthermore, you shall be liable to Software FX, Inc.
for all damages caused by such breach and unlawful use of the software,
including attorney's fees and costs incurred in any action, lawsuit or claim
brought or filed to redress the breach of this agreement.
4. EVALUATION VERSION.
If this License is for an evaluation version, you are authorized to use the
Software only for evaluation purposes for a single evaluation period not to
exceed 30 days, starting on the day on which you accept this License. Should you
require an evaluation period exceeding thirty (30) days, you may contact
Software FX, Inc. for an extended evaluation license. Objects produced by
Software configured with an evaluation version must contain symbols and text
provided by Software FX, Inc. indicating that the object was produced with an
evaluation version of the Software. You are not authorized to obtain more than
one license for an evaluation version of any Software FX, Inc. Software by
subsequent downloads or installations.
5. UPGRADES.
If the Software PRODUCT is
labeled as an upgrade, you must be properly licensed to use a product identified
by Software FX as being eligible for the upgrade in order to use the Software
PRODUCT. A Software PRODUCT labeled as an upgrade replaces and/or supplements
the product that formed the basis for your eligibility for the upgrade. You may
use the resulting upgrading product only in accordance with the terms of this
License Agreement. If the Software PRODUCT is an upgrade of a component of a
package of software programs that you licensed as a single product, the Software
PRODUCT may be used and transferred only as part of that single package and may
not be separated for use in more than one computer.
6. LIMITED WARRANTY.
Software FX, Inc. warrants that (a) the Software will perform substantially in
accordance with the accompanying written materials for a period of ninety (90)
days. and (b) any hardware accompanying the Software will be free from defects
in materials and workmanship under normal use and service for a period of one
(1) year from the date of receipt. Any implied warranties on the Software and
hardware are limited to ninety (90) days and one (1) year respectively. Some
states/jurisdictions do not allow limitations on duration of an implied
warranty, so the above limitation may not apply to you. This limited warranty
gives you specific legal rights. You may have others which vary from
state/jurisdiction to state/jurisdiction.
7. HIGH-RISK ACTIVITIES.
The Software
is not designed or licensed for use in hazardous environments requiring failsafe
controls, including without limitation operation of nuclear facilities, aircraft
navigation or communications systems, air traffic control, and life support or
weapons systems, in which the failure of the Software could lead to death,
personal injury, or severe physical or environmental damage. SoftwareFX, Inc.
specifically disclaims any express or implied warranty of fitness for such
high-risk activities.
8. NO OTHER WARRANTIES.
There are no other warranties to
the maximum extent permitted by applicable law. Software FX, Inc. and its
suppliers disclaim all other warranties, either express or implied, including
but not limited to implied warranties of merchantability and fitness for a
particular purpose, with regard to the Software and the accompanying materials.
9. NO LIABILITIES FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
To the maximum extent
permitted by law, in no event shall Software FX, Inc. or its suppliers be liable
for any damages whatsoever (including without limitations, damages for loss of
business profits, business interruption, loss of business information, or any
other pecuniary loss) arising out of the use of or inability to use this
Software FX, Inc. product, even if Software FX, Inc. has been advised of the
possibility of such damages. Because some states/jurisdictions do not allow the
exclusion or limitation of liability for consequential or incidental damages,
the above limitation may not apply to you.
10. CUSTOMER REMEDIES.
Software FX,
Inc.'s and its suppliers' entire liability and your exclusive remedy in the
event of a defect in materials and workmanship of the Software under normal use
during the Limited Warranty period shall be, at Software FX, Inc.'s option,
either (a) return of the price paid by you in exchange for all Software contents
including written materials; or (b) repair or replacement of the Software or
hardware that does not meet Software FX, Inc.'s Limited Warranty and which is
returned to Software FX, Inc. with a copy of your receipt. This Limited Warranty
is void if failure of the Software or hardware has resulted from accident,
abuse, or misapplication. Any replacement Software or hardware will be warranted
for the remainder of the original warranty period or thirty (30) days whichever
is longer. Neither these remedies nor any product support services are available
outside the United States without proof of purchase from an authorized non-U.S.
source. U.S. GOVERNMENT RESTRICTED RIGHTS The Software and written materials are
provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of
The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013
or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Software FX, Inc.
This Agreement is governed by the laws of the State of Florida, the U.S.
Copyright Act and other applicable U.S. federal laws. All disputes or legal
proceedings relating to use of the Software or this Agreement shall be brought
and heard exclusively in the state or federal courts located in Palm Beach
County, Florida, and by installing and/or using the Software, you hereby
irrevocably consent and submit to personal jurisdiction in such courts for all
such disputes or legal proceedings.
